1 Dec 2006
WORLDWIDE NZ LLC AND ANOR V QPAM LIMITED AND ORS HC AK CIV 2006-404-1827
- Citation
- openlaw-6baaedc0_2e8a_4866_8b2d_813d2e822d94.pdf
- Court
- High Court
Summary judgment and strike-out applications were declined because core legal questions of construction and necessary implication of terms into the Trust Deed and Constitution (including the effect of 'stapling' and the operation of pre-emptive rights on a deemed Disposal) raise serious, non-clear-cut issues of law and potential factual disputes inappropriate for interlocutory disposal; however the estoppel limb as pleaded disclosed no reasonable cause of action and must be struck out unless properly repleaded.